Noveda v. Postmaster General
| Myriam Naveda and Myriam Noveda |
| Postmaster General |
| 1:2023cv05795 |
| July 31, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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ORDER: The #2 motion to proceed in forma pauperis is granted, but the #1 complaint is dismissed without prejudice. When a litigant files a lawsuit in forma pauperis, the district court must dismiss the case if it determines that the complaint fails to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B). To avoid dismissal for failure to state a claim, a complaint must plead enough facts to state a claim to relief that is plausible on its face. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A pro se plaintiffs complaint must be liberally construed, and... however inartfully pleaded, must be held to less stringent standards than formal pleadings drafted by lawyers. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (quotation marks and citations omitted).Plaintiffs complaint brings claims against her former employer, the U.S. Postal Service (USPS), for violations of Title VII of the Civil Rights Act, the Age Discrimination in Employment Act of 1967, and New York State and City Human Rights Laws. Compl. 3-4 (Dkt. #1). But plaintiff does not plead sufficient facts to state a claim under these statutes, because it is not possible to discern from the complaint whether plaintiff is complaining of actions taken by USPS or by private parties, and it is not possible to discern what adverse employment action plaintiff is alleging that USPS took. The complaint alleges that plaintiff was totally disrespected at the post office, and that unidentified individuals, referred to only as they, called plaintiff a profane slur and told plaintiff not to come back here, possibly threatening plaintiff and her family. Ibid. The Court is unable to determine from these statements whether plaintiffs lawsuit relates to actions taken by her employer or by customers or other private parties at the post office. In addition, the Court is unable to determine whether plaintiff is complaining of an adverse employment action, because plaintiff did not check any of the boxes for adverse employment actions on the form complaint, and no adverse employment action is apparent from plaintiffs factual narrative. Id. at 5. Accordingly, the Court cannot conclude that plaintiff has stated a claim against USPS that is plausible on its face, Twombly, 550 U.S. at 570, under the statutes that plaintiff invokes.Plaintiffs complaint is therefore dismissed without prejudice. Plaintiff may file an amended complaint within thirty days to remedy the deficiencies identified above. Any amended complaint should specify what adverse employment action, if any, forms the basis of her lawsuit, preferably by checking a box in the Adverse Employment Action section of the form complaint, or by describing the adverse employment action on the line marked other (specify). Plaintiff should also describe the facts supporting her claim in the facts section, and should identify who took each the actions of which she complains, as well as their relationship to USPS. Plaintiff is advised that some words in the current handwritten complaint cannot be made out. She may wish to consider typing her complaint or writing in block letters to ensure that all of the allegations can be read. If plaintiff fails to amend the complaint within thirty days from this Order, judgment shall be entered closing this case. Plaintiff is advised that the Federal Pro Se Legal Assistance Project offers a free legal service that provides legal counseling. The project is run by the City Bar Justice Center of the New York City Bar Association. Plaintiff may contact the project at (212) 382-4729 and may also contact the Eastern District of New Yorks Pro Se Office at (718) 613-2665. The Clerk of Court is respectfully directed to mail a copy of this Order to plaintiff and to enclose a form complaint for employment discrimination actions. Ordered by Judge Rachel P. Kovner on 9/6/2023. (XW) Modified to correct clerical error. (TLH) (Entered: 09/12/2023)
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| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) Modified on 9/12/2023 (SR). |
| Filing 5 Case transferred in from District of New York Southern; Case Number 1:23-cv-06041. Original file certified copy of transfer order and docket sheet received. Modified on 9/12/2023 (SR). |
| The case of Naveda v. Postmaster General, has been transferred from Southern District of New York to the Eastern District of New York. The new case number is 23-cv-5795. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| MAILING RECEIPT: Document No: 3. Mailed to: Myriam Naveda 137-60 45 Ave. 2A Flushing, NY 11355. (ok) [Transferred from New York Southern on 7/31/2023.] |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York.(rdz) [Transferred from New York Southern on 7/31/2023.] |
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Filing 3
TRANSFER ORDER: The Clerk of Court is directed to substitute the Postmaster General as defendant in this action in lieu of the USPS, and to transfer this action to the United States District Court for the Eastern District of New York. 28 U.S.C. 1404(a). Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes the case in the Southern District of New York. The Court certifies, under 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/18/23) (rdz) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/31/2023.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sac) [Transferred from New York Southern on 7/31/2023.] |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Myriam Noveda..(rdz) [Transferred from New York Southern on 7/31/2023.] |
| Filing 1 COMPLAINT against U.S.P.S.. Document filed by Myriam Noveda..(rdz) [Transferred from New York Southern on 7/31/2023.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 7/31/2023.] |
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